State v. Mr. F (DMC No. 13324) – (26 Counts) Felony Benefits Fraud ($6,200 Misappropriated from Unemployment Insurance), Fraudulent Schemes and Theft – Reduced to Misdemeanor False Statements with Zero Days in Jail – Maricopa County Superior Court (Case No. CR2015-000358).

Mr F had previously worked for a credit card processing company which was owned by his parents. He was ultimately let go from that job because of various problems. However, his parents did not tell him that they kept him on the payroll at minimum wage, and then direct deposited those paychecks to a bank account that he did not know about. They did this in order so that their son would not lose health insurance and would be able to pay child support that came out of that bank account. Mr. F, unbeknownst to his parents, then began applying for unemployment benefits.

After that point in time, he went to work for another payment solutions company for approximately 6 year. The company was audited by the Department of Economic Security’s Inspector General, Fraud Department, Criminal Investigator. It was discovered that Mr. F had received approximately $6,200 in benefits for unemployment while he was on his parents’ payroll. We became involved in the case and immediately contacted the Assistant Attorney General who was handling the prosecution. We explained the situation and made full restitution as quickly as possible. The Prosecutor still felt that Mr. F should have known he received benefits for 26 months, because his child support payment was still being made. However, he agreed to dismiss all but 1 Count of False Statements per ARS 23-785, which was amended down to a Misdemeanor, and included a $166 fine. Mr. F was originally facing quite a bit of prison time, but it was ultimately resolved with a small fine and no jail whatsoever, and he only has a Misdemeanor on his record.

Mr. W had gone through a divorce and his ex-wife lived with their child in California. He would have the child over Christmas break and in the summers. He applied for benefits through AHCCCS (Arizona Health Care Cost Containment System) for healthcare and for SNAP (Supplemental Nutrition Assistance Program) for food stamps. He included his daughter as a full time dependent and resident and part of those benefits. Over time, he received more than $10,000 in benefits.

An Investigator for AHCCCS began looking through the case and called Mr. W. He told the Investigator that his child did live with him, however, he could not remember the name of the grade school the child attended. The Investigator then called the mother who confirmed that the child lived with her year-round, except for summers and during the Christmas break. Ultimately, Mr. W was charged with 8 Counts of Unlawful Use of Food Stamps/Benefit Fraud, 2 Counts of Fraud Schemes and 2 Counts of Theft. Cost of the actual loss and investigation came to a grand total of $11,521.

Once we became involved in the case, we began having Mr. W repay the government all of the money that they had lost. We informed the Prosecutor of this and we also sent over a mitigation package. That mitigation package included letters from family, friends and coworkers, totaling 40 in number. Due to the great amount of community support, combined with a lack of any real criminal history, the Prosecutor agreed to extend an offer for Attempted Fraudulent Schemes as a Class 6 Undesignated Felony which allowed Mr. W to earn a Misdemeanor. It also included Probation with zero days in jail. Initially, Mr. W was facing well over a decade in prison if convicted on all charges and sentenced to the maximum consecutive punishment.

Mr. W worked as a Banquet Captain for the Omni Hotel Management Corporation for years. For a period of 117 weeks, he collected Unemployment Benefits as if he was unemployed. When he would get work, he was supposed to report any earnings he received. He only reported earnings 17 times out of the 117 weeks, and all of those earnings were underreported. He was ultimately contacted by an Investigator, and he claimed that he only had sporadic work, when in reality, he was working full time. He never sent a letter of explanation, which they had requested.

Ultimately, Mr. W was charged with 35 Counts of False Statements in order to obtain benefits (Benefits Fraud), 1 Count of Fraudulent Schemes and Artifices and 1 Count of Theft. If he was convicted of all counts and given the maximum, he could have spent more than 80 years in prison.

After Mr. W became our client, we contacted the Assistant Arizona Attorney General handling the case and we worked out a restitution plan. In exchange for fully paying back all of the amount of the loss plus interest (just over $26,000), the Prosecutor agreed to dismiss all but 3 Counts of False Statements and offered a Class 6 Undesignated Offense, with a possibility of it being designated as a Misdemeanor on the date of Sentencing. At Sentencing, we were able to show the Judge that Mr. W was remorseful and appreciated the wrongfulness of his actions. In addition, we showed that he had a lack of criminal history, that he had good character, had performed prior good acts, and that he had cooperated and behaved appropriately during the pre-trial and pre-sentencing period of the case. The Judge agreed with us and immediately designated Mr. W’s case as a Misdemeanor on the date of Sentencing.